Court of Appeal for Ontario

CITATION: R. v. Andrade, 2008 ONCA 870

DATE: 20081219

DOCKET: C49599

Before: Borins, Feldman and Watt JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Jose Andrade

Appellant

Counsel:

Gregory Lafontaine, for the appellant

Alexandra Campbell, for the respondent

Heard: December 19, 2008

On appeal from the decision of the summary conviction appeal court dated July 16, 2008 by Justice Myrna L. Lack of the Superior Court of Justice, dismissing the appeal from the conviction entered and sentenced imposed on February 19, 2007, by Justice James J. Keaney of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] Leave to appeal is refused. Despite the appeal court judge’s comments, she applied the proper test under Morrissey.